HKSAR v. Cho Tat Pong

HCMA001012/2002

HCMA 1012/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1012 OF 2002

(ON APPEAL FROM ESCC 2750/2002)

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Coram: Deputy High Court Judge Wright in Court

Date of Hearing: 17 December 2002

Date of Judgment: 17 December 2002

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J U D G M E N T

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1.On 20th September this year you pleaded guilty to two charges, one of publishing and the other of possessing for publication, obscene articles in a shopping centre at 278 King's Road, North Point. It is, as the Magistrate observed, notorious for these activities.

2.Considering the nature of the offences, your role as disclosed in the agreed facts and the fact that you have 21 previous convictions, the four most recent being for identical offences, the Magistrate was fully entitled to take the starting points of imprisonment he did. The fine on the second charge was modest.

3.The imposition of both a fine and imprisonment is well within current sentencing practice.

4.Your appeal is devoid of merit and is dismissed.

Representation:

Ms Catherine Ko, SGC for Director of Public Prosecutions, for the Respondent

Appellant in person